Wrongful death is a term used to describe death caused by an accident, of negligent conduct, omission or an act. It can be distinguished from any criminal act like murder or manslaughter because the doer has no intention on inflicting pain or harm to the victim. Sometimes, it is hard to determine whether the presumed responsible party is indeed liable of his actions. Thus, the plaintiff or the decedent's family needs to follow some procedures in order to establish a link between damage and negligence.
In civil courts, negligence has to be determined or proven in order to decide for a verdict. The elements of negligence must be followed and determined one by one to prevail in any civil action like wrongful death. Just like any other personal injury claims, the level of care or duty has to be determined whether the responsible party has to owe duty to the victim. Then, the plaintiff must also determine whether the said duty was breached, thus resulting to further damages of the victim. There has to be link between the breach of duty and the injury itself. Because when there's none, then negligence has never been proven. And, there is no wrongful death occurred.
It is indeed important to prove the elements of negligence to the courts. If not, the death of your loved one may be just forgotten. Take note that if not by somebody's negligence or recklessness, your family member may be still alive by now. You can still enjoy his presence and love. That is why whenever this thing happen to you or to your family member, you need to hire wrongful death attorney.
Wrongful death may happen in different stages of life. It may happen on the streets, in the buildings, in the hospitals or even in the workplaces. Fatal car collisions can lead the drivers or passengers to suffer serious wounds, injuries or even deaths. The weight of the impact could cause great damage to both of the participants in the scene. Buildings or premises could also pose life threatening dangers to people. The slips and falls are sometimes serious. Doctors and nurses could also cause injury to the patients. Medical errors are very common in the medical practice. However, if the error caused the patient to suffer serious injury leading to his death, then negligence is present. Therefore, wrongful death claim must be pressed.
Furthermore, before anyone must file wrongful death actions, it is crucial to determine the filers of the claim. Usually, the direct family member of the decedent is entitled by the law to file for a claim. The filers may include the spouses, children or next of kin, life partners, parents, siblings and other qualified dependents. Most of the time, the filers are the ones who suffered damages or losses because of the decedent's death. They are the ones that spilled lots of amounts just to save someone else's life. They are the ones who've been together with the decedent for a long time. In short, they are direct beneficiaries of the decedent. They are the honored filers of the claim and the courts will hear from them.